Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
S.R. No. 133/2010
table of provisions
RegulationPage
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
Part 2—Amendments to the Transport (PassengerVehicles) Regulations 2005
4Authorising provisions
5Definitions
6When a licence must be returned
7Records to be kept by an accredited person
8Provisions relating to vehicles revoked
9Operating doors
10Damage
11Provisions relating to number plates, signs and devices revoked
12Maximum number of passengers
13Dress and appearance of drivers
14Driver's ticketing obligations
15Property in vehicle
16Fares and timetables
17Passenger without ticket may be asked to leave
18Fares—children under 4 may travel free
19Concession fares—children 4 and over and under 15
20Fares—responsibility of passenger for child under15
21No smoking
22No gambling
23No musical instruments to be played
24Restrictions on operation of sound equipment
25No selling and busking etc.
26No drinking liquor or possessing open liquor containers
27No littering
28No graffiti
29No offensive language or behaviour
30No annoying things to be brought onto vehicle
31Blocking of doors prohibited
32Entering and leaving
33Regulations 69 and 70 amended
34Carriage of animals
35Part 6 revoked
36Additional requirements for omnibuses and private buses
37Schedule 3 substituted
SCHEDULE 3—Application of Third Edition Australian DesignRules (ADR) to Vehicles ManufacturedBefore 1July 1988
Part 3—Amendments to the Transport (Infringements) Regulations 2010
38Authorising provisions
39Transport Infringements—Table 2 of Schedule 3 to the Transport(Infringements) Regulations 2010
40Transport Infringements—Table 8 of Schedule 3 to the Transport(Infringements) Regulations 2010
41Transport Infringements—Table 10 of Schedule 3 to the Transport (Infringements) Regulations 2010
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ENDNOTES
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Part 3—Amendments to the Transport (Infringements) Regulations 2010
Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
S.R. No. 133/2010
statutory rules 2010
S.R. No. 133/2010
1
Part 3—Amendments to the Transport (Infringements) Regulations 2010
Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
S.R. No. 133/2010
Transport (Compliance and Miscellaneous) Act 1983
1
Part 3—Amendments to the Transport (Infringements) Regulations 2010
Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
S.R. No. 133/2010
Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
1
Part 3—Amendments to the Transport (Infringements) Regulations 2010
Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
S.R. No. 133/2010
The Governor in Council makes the following Regulations:
Dated: 26 October 2010
Responsible Minister:
MARTIN PAKULA
Minister for Public Transport
Matthew mcbeath
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to—
(a)align the Transport (Passenger Vehicles) Regulations 2005 with the provisions of the Bus Safety Act 2009 and regulations under that Act; and
(b)amend incorrect references in the Transport (Infringements) Regulations 2010; and
(c)revoke redundant regulations.
2Authorising provisions
These Regulations are made under sections 162 and 215of the Transport (Compliance and Miscellaneous) Act 1983.
3Commencement
(1)These Regulations, except Part 2 and regulation41, come into operation on the day onwhich they are made.
r. 3
(2)Part 2 of these Regulations and regulation 41 come into operation on 31December 2010.
______
Part 2—Amendments tothe Transport (Passenger Vehicles) Regulations 2005
4Authorising provisions
r. 4
In regulation 2 of the Transport (Passenger Vehicles) Regulations 2005[1] for "Transport Act 1983"substitute "Transport (Compliance and Miscellaneous) Act 1983".
5Definitions
In regulation 4 of the Transport (Passenger Vehicles) Regulations 2005—
(a)insert the following definitions—
"bus means a bus within the meaning of the Bus Safety Act 2009 that is—
(a)operated for the purpose of a commercial bus service within the meaning of the Bus Safety Act 2009; or
(b)operated for the purpose of a local bus service within the meaning of the Bus Safety Act 2009; or
(c)built with seating positions for 13ormore adults (including the driver) and operated for the purpose of a community and private bus service within the meaning of the Bus Safety Act2009;
registered person means a person who is a registered bus operator within the meaning of the Bus Safety Act 2009;";
(b)for the definition of accredited personsubstitute—
"accredited person means a person who is an accredited bus operator within the meaning of the Bus Safety Act 2009;";
(c)for the definition of regular passenger servicesubstitute—
"regular passenger service has the same meaning as in the Bus Services Act1995;";
(d)for the definition of vehicle substitute—
"vehiclemeans a commercial passenger vehicle other than a taxi-cab or a bus.";
(e)the definitionsof accreditation, omnibus, private bus and public passengervehicle are revoked.
6When a licence must be returned
r. 6
For regulation 16(d) of the Transport (Passenger Vehicles) Regulations 2005 substitute—
"(d) the holder changes the seating capacity of the vehicle to which the licence relates;
(e)when a person becomes an accredited person or a registered person in respect of the vehicle to which the licence relates.".
7Records to be kept by an accredited person
Regulation 19 of the Transport (Passenger Vehicles) Regulations 2005 is revoked.
8Provisions relating to vehicles revoked
Regulations 20(2), 21(2), 23 and 24(2) of the Transport (Passenger Vehicles) Regulations 2005 are revoked.
9Operating doors
r. 9
In regulation 25 of the Transport (Passenger Vehicles) Regulations 2005, for"public commercial passenger vehicle, or a public passenger vehicle operated for the purpose of a regular passenger service,"substitute"bus or vehicle".
10Damage
In regulation 26 of the Transport (Passenger Vehicles) Regulations 2005for "or accredited person's vehicle"substitute"vehicle or accredited person's bus".
11Provisions relating to number plates, signs and devices revoked
Regulations 30(2), 31 and 33 of the Transport (Passenger Vehicles) Regulations 2005 are revoked.
12Maximum number of passengers
For regulation 34(1) of the Transport (Passenger Vehicles) Regulations 2005 substitute—
"(1) The driver of a vehicle must not carry in the vehicle any more than the number of passengers, including standing passengers, specified in the licence for that vehicle.".
13Dress and appearance of drivers
In regulation 38 of the Transport (Passenger Vehicles) Regulations 2005omit"commercial passenger".
14Driver's ticketing obligations
r. 14
In regulation 40(1) of the Transport (Passenger Vehicles) Regulations 2005, for"public passenger vehicle"substitute "bus".
15Property in vehicle
(1)In regulation 41(1) and (2) of the Transport (Passenger Vehicles) Regulations 2005, before"vehicle" (wherever occurring) insert "bus or".
(2) For regulation 41(3) of the Transport (Passenger Vehicles) Regulations 2005 substitute—
"(3) A driver who is given lost or abandoned property under subregulation (1) or who finds lost or abandoned property in the bus or vehicle must as soon as practicable give it to the licence holder for the bus or vehicle or the accredited person or registered person who operates the bus or vehicle (as the case requires).
Penalty:10 penalty units.".
(3)In regulation 41(4) of the Transport (Passenger Vehicles) Regulations 2005, for "or accredited person" (wherever occurring) substitute ",accredited person or registered person".
16Fares and timetables
Regulation 42(2) of the Transport (Passenger Vehicles) Regulations 2005 is revoked.
17Passenger without ticket may be asked to leave
Regulation 47(1)(b) of the Transport (Passenger Vehicles) Regulations 2005 is revoked.
18Fares—children under 4 may travel free
r. 18
In regulation 48 of the Transport (Passenger Vehicles) Regulations 2005 omit "or a public passenger vehicle operated for the purpose of a regular passenger service".
19Concession fares—children 4 and over and under 15
For regulation 49(b) of the Transport (Passenger Vehicles) Regulations 2005, substitute—
"(b) on a bus operated for the purpose of a regular passenger service, at the concession rates set out in the service contract applicable to the regular passenger service entered into under Part 3 of the Bus Services Act 1995.".
20Fares—responsibility of passenger for child under15
In regulation 50 of the Transport (Passenger Vehicles) Regulations 2005, for "public passenger vehicle operated for the purpose of a regular passenger service"substitute "bus".
21No smoking
(1)In regulation 52 of the Transport (Passenger Vehicles) Regulations 2005, for "an omnibus"substitute"a bus or vehicle".
(2)For regulation 52(2) of the Transport (Passenger Vehicles) Regulations 2005 substitute—
"(2) A person who holds a licence for a bus or vehicle must ensure that at least one clearly legible no smoking sign is displayed in the vehicle in a conspicuous place where it can be easily seen by passengers when they board the bus or vehicle.
Penalty:5 penalty units.".
22No gambling
r. 22
In regulation 53 of the Transport (Passenger Vehicles) Regulations 2005,for "public passenger vehicle" substitute "bus".
23No musical instruments to be played
In regulation 54 of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicle"substitute "bus"; and
(b)after "driver of the vehicle"insert "or bus".
24Restrictions on operation of sound equipment
In regulation 55(1) of the Transport (Passenger Vehicles) Regulations 2005for "public passenger vehicle" substitute "bus".
25No selling and busking etc.
(1)In regulation 56(1) of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicle"substitute "bus"; and
(b)for "to operate the vehicle"substitute "forthe bus".
(2)In regulation 56(2) of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicle"substitute "bus"; and
(b)for "person accredited to operate the vehicle"substitute "accredited person for the bus".
26No drinking liquor or possessing open liquor containers
r. 26
In regulation 57(1) of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicle" substitute "bus"; and
(b)for "person accredited to operate the vehicle"substitute"accredited person for the bus".
27No littering
In regulation 58(1) and (2) of the Transport (Passenger Vehicles) Regulations 2005for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus".
28No graffiti
In regulation 60 of the Transport (Passenger Vehicles) Regulations 2005for "public passenger vehicle" substitute "bus".
29No offensive language or behaviour
In regulation 61 of the Transport (Passenger Vehicles) Regulations 2005for "public passenger vehicleoperated for the purpose of a regular passenger service" substitute "bus".
30No annoying things to be brought onto vehicle
In regulation 62(1), (2) and (3) of the Transport (Passenger Vehicles) Regulations 2005for "public passenger vehicleoperated for the purpose of a regular passenger service" substitute "bus".
31Blocking of doors prohibited
In regulation 65 of the Transport (Passenger Vehicles) Regulations 2005for "public passenger vehicle operated for the purpose of a regular passenger service" substitute "bus".
32Entering and leaving
r. 32
In regulation 66(1), (2)and (3) of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicleoperated for the purpose of a regular passenger service" substitute "bus"; and
(b)after "the vehicle" (wherever occurring) insert"or bus".
33Regulations 69 and 70 amended
In regulations69and 70 of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicleoperated for the purpose of a regular passenger service" substitute "bus"; and
(b)after "the vehicle" (wherever occurring) insert "or bus".
34Carriage of animals
(1)For regulation 72(1) and (2) of the Transport (Passenger Vehicles) Regulations 2005 substitute—
"(1) The driver of a public commercial passenger vehicle or a bus operated for the purposes of a regular passenger service must not bring or allow any animal to be brought into the passenger compartment of the vehicle or bus unless—
(a)the animal is the guide dog of a sight or hearing impaired person or other assistance animal of a type which may be taken on public transport in accordance with conditions determined by the Director under section 220D(1) of the Act; or
(b)the animal is in a container suitable for the purpose, no inconvenience is caused to any other passenger and the person in charge of the animal cleans and removes from the vehicle any matter emanating from the animal or the container in which the animal is being carried.
Penalty:5 penalty units.
Note
The conditions determined by the Director under section 220D(1) of the Act are published in the Government Gazette.".
(2)In regulation 72(3) of the Transport (Passenger Vehicles) Regulations 2005—
(a)for "public passenger vehicle" substitute "bus"; and
(b)after "the vehicle" (wherever occurring) insert"or bus".
35Part 6 revoked
r. 35
Part 6 of the Transport (Passenger Vehicles) Regulations 2005 is revoked.
36Additional requirements for omnibuses and private buses
Part 3 of Schedule 2 to the Transport (Passenger Vehicles) Regulations 2005 is revoked.
37Schedule 3 substituted
r. 37
For Schedule 3 to the Transport (Passenger Vehicles) Regulations 2005 substitute—
"______
SCHEDULE3
Regulation 20
Application of Third Edition Australian DesignRules (ADR) to Vehicles Manufactured Before 1July 1988
ADR Number / Short details / ExclusionsRequirements applicable to all vehicles
15 / Demisting / Applies only to vehicles with a seating capacity of more than 7persons not including the driver manufactured from 1March 1968
18 / Speedometer and odometer / 18.5.2.1.1 and18.5.2.2.1
do not apply
42.8 / Exhaust outlet
42.10.3 / Driver's seat
".
______
Part 3—Amendments to the Transport (Infringements) Regulations 2010
38Authorising provisions
r. 38
In regulation2 of theTransport (Infringements) Regulations 2010[2]for "Transport Act 1983"substitute"Transport (Compliance and Miscellaneous) Act 1983".
39Transport Infringements—Table 2 of Schedule 3 to the Transport (Infringements) Regulations 2010
(1)In item 28 of Table 2 in Schedule 3 to the Transport (Infringements) Regulations 2010—
(a)for "Spitting on property"substitute "Spitting in, at or on a public transport vehicle or public transport premises"; and
(b)for "8953"substitute "8963"; and
(c)for "8241"substitute "8964".
(2)In item 29 of Table 2 in Schedule 3 to the Transport (Infringements) Regulations 2010—
(a)for "Spitting on people"substitute "Spitting at or on people"; and
(b)for "3152"substitute "8965"; and
(c)for "8242"substitute "8966".
40Transport Infringements—Table 8 of Schedule 3 to the Transport (Infringements) Regulations 2010
In item 154 of Table 8 in Schedule 3 to the Transport (Infringements) Regulations 2010 for "14(2)"substitute "14(1)".
41Transport Infringements—Table 10 of Schedule 3 to the Transport (Infringements) Regulations 2010
r. 41
Table 10 in Schedule 3 to the Transport (Infringements) Regulations 2010 is revoked.
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Transport (Passenger Vehicles) and Transport (Infringements) Amendment Regulations 2010
S.R. No. 133/2010
ENDNOTES
Endnotes
1
[1] Reg. 4: S.R. No. 66/2005. Reprint No. 1 incorporating amendments as at 16November 2006. Reprinted to S.R. No. 86/2006 and subsequently amended by S.R. Nos 68/2007, 40/2008, 75/2008 and 90/2010.
[2] Reg. 38: S.R. No. 4/2010 as amended by S.R. No. 41/2010.